Excerpt: ...ng and expensive processes.� Provost v. Regents of University of California (2011) 201 Cal.App.4th 1289, 1298. On a motion to enforce a settlement under section 664.6, a trial court has jurisdiction �to provide any appropriate equitable remedy.� Lofton v. Wells Fargo Home Mortgage (2014) 230 Cal.App.4th 1050, 1061�1062. �A party to a contract has two different remedies when it has been injured by a breach of contract . . . and lacks the...

Excerpt: ...est for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The unavail...

Excerpt: .... The declaration for the additional fees is not made on personal knowledge. Thus, the court limits the attorney�s fees award to only those incurred by attorney Baillio personally. The fees and costs awarded are $900.00. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. This is t...

Excerpt: ... to the true owner; d. under claim of right; and e. for the statutory period of five years. Otay Water Dist. v. Beckwith (1991) 1 Cal.App.4th 1041, 1045. Here, Plaintiff has adequately alleged each and every element. The use alleged is �parking.� Nowhere in the first amended complaint does Plaintiff seek ownership or exclusive rights, which would be a claim for adverse possession. Here, however, Plaintiff seeks only a non-exclusive prescripti...

Excerpt: ...h 814, 823. CRC 3.1332 provides, Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailabili...

Excerpt: ...t an issue properly before this court. If Mr. Charles determines that Mr. Pankopf is overpaid by this distribution, Mr. Charles has other legal recourse available to him. Mr. Pankopf is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, yo...

Excerpt: ...f California, answers the unverified complaint was follows:�� Caltrans corrected the error made by Plaintiff at the time of the answer. So, this argument has been waived and corrected. Secondly, as to the cause of action for negligence, the motion for judgment on the pleadings is granted with leave to amend. Plaintiff failed to allege any statute upon which liability is premised, and is thus barred by the Government Claims Act. GC �815. Pla...

Excerpt: ...e need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oak...

Excerpt: ...ions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hines...

Excerpt: ...Plaintiff�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. If the parties wish to argue at the hearing, they must notify...

Excerpt: ...radrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on this law and motion calendar and has issued this tentative ruling. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1380, by 4:00 p.m. on the court day prior to hearing. Since no judge will be available for this law and motion calendar, if ...

Excerpt: ...ral or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors. 3. Accident or surprise, which ordinary prudence could not have guarded against. 4. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the tria...

Excerpt: ...e discovered and produced at the time of the prior motion.... A motion for reconsideration will be denied absent a strong showing of diligence." Forrest v. State Of Cal. Dept. Of Corps. (2007) 150 Cal.App.4th 183, 202. See also Baldwin v. Home Sav. of Am. (1997) 59 Cal. App. 4th 1192, 1199 (noting that 1992 amendment to CCP �1008 tightened diligence requirements). Disagreement with a ruling is not a new fact that will support the granting o...

Excerpt: ... that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentati...

Excerpt: ...ient. Plaintiff is awarded sanctions of $750.00. Moving Party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 582-7835 by ...

Excerpt: ...ng party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do...

Excerpt: ... (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) ��7.22-7.34, 7.63-7.66. ��The granting or denial of a preliminary injunction does not amount to an adjudication of the ultimate rights in controversy. It merely determines that the court, balancing the respective equities of the parti...

Excerpt: ...as (1995) 40 Cal.App.4th 1, 5; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2012) �7:292. A motion for judgment on the pleadings involves the same type of procedures that apply to a general demurrer. Richardson-Tunnell v. School Ins. Program for Employees (2007) 157 Cal.App. 4th 1056, 1061; Burnett v. Chimney Sweep (2004) 123 Cal. App. 4th 1057, 1064. In considering a motion for judgment on the pleadings, courts consider whether prope...

Excerpt: ...s not done on time. However, a substantive opposition was filed, although also untimely. Because Plaintiff obtained additional time to file a substantive opposition by filing it late, the court does not overrule the demurrer based on untimeliness. Next, the Court notes that Footnote 4 of the Second Amended Complaint states that a copy of the Agreement is attached as Exhibit 1. However, there is no Exhibit 1 in the court�s file. Thus, Plaintiff ...

Excerpt: ...n the merits. Baypoint Mortg. Corp. v. Crest Premium Real Estate etc. Trust (1985) 168 Cal.App.3d 818, 824, 214; Vega v. JPMorgan Chase Bank, N.A. (E.D.Cal. 2009) 654 F.Supp.2d 1104. See also generally Bernhardt, Cal. Mortgage and Deed of Trust Practice (Cont. Ed. Bar 4th ed. 2009) ��7.22-7.34, 7.63-7.66. �[I]t is appropriate to deny an injunction where there is no showing of reasonable probability of success, even though the foreclosure wi...

Excerpt: ...ass Valley SH�s principal place of business is in Contra Costa County. Thus, Contra Costa County is the appropriate venue. Defendants� request for attorney�s fees under CCP �396b(b) is denied. As a corporation may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the where the breach occurs, Nevada County may have been an appropriate forum. The court finds no bad faith ...

Excerpt: ...ing herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. ...

Excerpt: ...d as it relates to those responses. It was timely filed within 45 days of service of the responses. If discovery was, in fact closed as Plaintiff argues here, then Plaintiff would not have served responses in the first place. The motion is granted as to number 57 and 59. Plaintiff�s responses were non-responsive to the direct question queried. The motion is denied as to the remaining requests. As to those seeking damages, the interrogatories di...

Excerpt: ...�s reliance on CCP �2033.030 does not apply, as the discovery served were Form Interrogatories, not Requests for Admissions. Further, CCP �94 does not apply, as this is not a limited civil case. To the extent Defendant intended to rely on CCP �2030.030, which limits interrogatories to 35 in number, that provision only applies to Special Interrogatories, not Form Interrogatories. While the Court is cognizant of the difficulties a party fac...

Excerpt: ...erein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order. This is the Court�s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court�s law and motion secretary at (530) 265-1380 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any a...